Plunder raps filed; Binay smells politics

MANILA, Philippines - Plunder and graft charges were filed yesterday against Vice President Jejomar Binay, his son Makati Mayor Erwin Jejomar Binay and 21 former and incumbent city officials for the alleged overpriced city hall parking building project worth P1.5 billion.

The charges were filed with the Office of the Ombudsman by lawyer Renato Bondal, an opponent of Mayor Binay in the 2013 elections, and a certain Nicolas “Ching” Enciso of the Save Makati Movement (SMM).

As this developed, the younger Binay described the charges against him, his father and the incumbent and former city councilors as “not new.”

He questioned the timing of the filing of the case, as it came in the wake of a Pulse Asia survey result showing that his father is a leading contender in the 2016 presidential election.

“Our opponents have become desperate to put my father down. They intend to malign him by raising baseless accusation such as this one,” he said.

He slammed the complainants for not including in the complaint their political allies and partymates who were present at the city council meetings when the ordinances they cited were approved.

“This alone exposes the motives of the complainants who are perennial contenders and losers in Makati elections,” he said.

Aside from the Binays, among those charged were Ferdinand Eusebio, Arnold Magpantay, Romeo Medina, Tosca Puno Ramos, Maria Alethea Casal-Uy, Ma. Concepcion Yabut, Virgilio Hilario, Monsour del Rosario, Vince Sese, Nelson Pasia, Salvador Pangilinan, Elias Tolentino, Ruth Tolentino, Henry Jacome, Leo Magpantay, Nemesio Yabut, Armand Padilla, Israel Cruzado, Ma. Theresa de Lara, Angelito Gatchalian and Ernesto Aspillaga.

Also slapped with plunder was Cecille Cag-anan of the Commission on Audit (COA) for her alleged failure to safeguard public funds, allowing the Binays and the city legislators to commit the alleged criminal acts.

In a nine-page complaint, Bondal and Enciso alleged that the city government spent P1.5 billion for the construction of the new Makati City hall parking building in Barangay Poblacion from 2007 to 2013.

The complainants said the first appropriation ordinance that allowed the disbursement of P400 million was proposed and approved by Vice President Binay when he was still the city mayor six years ago.

They alleged that based on data from the National Statistics Office (NSO), the average cost for the construction of the building in 2007 should only be P245.5 million.

Bondal and Enciso said there was “an enormous overprice of more than P1.314 million” as the final contract price of the project was P1.56 billion.

“The respondents, particularly the vice president and his son, violated every rule in the construction manuals and government procedures in pushing for a project that was overpriced and funded irregularly through supplemental budgets for five years,” the complainants said.

When the younger Binay took over in 2010, he and the city councilors allegedly proposed, enacted and approved six more appropriation ordinances for the continued construction of the building.

“The total amount appropriated by the respondents to cover the cost of the construction as of 2012 was P1.560 billion or an overprice of more than P1.255 billion,” they said.

The complainants said even if the present construction standard for high-end commercial buildings would be used, the current acceptable construction cost per square meter is only P25,000.

“With the actual floor area at 31,928 square meters, the cost of the building computed at current prices is only P798.2 million. By this very simple computation, the Makati City Hall parking building has been grossly overpriced by no less than P761.8 million,” they said.

The complainants said the building has become the most expensive parking structure in the country, if not in the world.

Preventive suspension

Bondal and Enciso also asked Ombudsman Conchita Carpio-Morales to issue a preventive suspension order against the respondents who are still in the service, while an investigation is being conducted.

“So as not to prejudice the investigation and to allow access to documents and information, said public officials should be suspended, dismissed from the service and charged criminally for plunder and violation of the anti-graft and corrupt practices act.”

They said the complaint, filed on behalf of the SMM, also accused the Binays and city officials of committing gross abuse of authority, misconduct and neglect of duty.